MUSIC THERAPY SERVICES

Memorandum from Purchasing Department
Letter of Instruction for RFP #251-27-115
To: Prospective Parties
Thank you for your interest in the Wake County Public School System. Please review the following
instructions prior to submitting your proposal.
* Prior to submitting and executing the proposal, please make sure you read and understand the terms
and conditions referenced. All proposals are subject to the terms and conditions outlined herein. All
responses will be controlled by such terms and conditions and the submission of other terms and
conditions, price lists, catalogs, and/or other documents as part of an offeror's response will be waived
and have no effect either on this Request For Proposals or on any contract that may be awarded
resulting from this solicitation. The attachment of any other terms and conditions by the Offeror may be
grounds for rejection of that proposal. Offeror specifically agrees to the conditions set forth in the
above paragraph by signature to the proposal.
* Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS
DURING THE RFP PROCESS. All questions should be directed only to bids-pgooding@wcpss.net
* Offerors are cautioned that this is a request for offers, not a request to contract, and WCPSS reserves
the unqualified right to reject any and all offers when such rejection is deemed to be in the best
interest of WCPSS.
* In submitting a proposal, the Offeror agrees not to use the results there from as part of any news
release or commercial advertising.
All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP
requirements and achieving the highest and best final evaluation which is best for WCPSS. Vendors
SHALL not be considered who are not approved or authorized by The State of North Carolina to do
business with The State of North Carolina. WCPSS reserves the right to waive any minor informality or
technicality in proposals received.
IMPORTANT: CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION
During the evaluation period-from the date proposals are opened through the date the contract is
awarded-each Vendor submitting a proposal (including its representatives, sub-contractors and/or
suppliers) is prohibited from having any communications with any person inside or outside of WCPSS
regarding this solicitation. All communication should be directed in written form to the WCPSS
contact indicated above.
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Request for Proposal #251-27-115
1551 Rock Quarry Rd - Bldg. F MUSIC THERAPY SERVICES
Raleigh, NC 27610 Contract Type: Open Market
Refer ALL Inquiries to: Petra Gooding
Telephone No: 919-588-3456
E-Mail: bids-pgooding@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM
NOTICE TO VENDORS
Proposals, subject to the conditions made a part hereof, will be received via email to bids-pgooding@wcpss.net until 12:00
p.m. on May 14, 2026. Proposals are subject to rejection unless submitted on this form.
EXECUTION
In compliance with this Invitation for Proposals, and subject to all the conditions herein, the undersigned offers and agrees
to furnish and deliver any or all items upon which prices are proposed, at the prices set opposite each item within the time
specified herein. By executing this proposal, I certify that this proposal is submitted competitively and without collusion.
Failure to execute/sign proposal prior to submittal shall render bid invalid. Late proposals are not acceptable.
VENDOR: FEDERAL ID OR SOCIAL SECURITY NO.
STREET ADDRESS: P.O. BOX: ZIP:
CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO
(800)
PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE
TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:
AUTHORIZED SIGNATURE: DATE: E-MAIL:
Offer shall be valid for 120 days from date of proposal opening unless otherwise stated here: _______ days
Prompt Payment Discount: _______ % __________________ days.
DELIVER BID TO: Petra Gooding
bids-pgooding@wcpss.net
RFP SCHEDULE
The table below shows the intended schedule for this RFP. WCPSS will make every effort to adhere to this schedule.
Event Responsibility Date and Time
Issue RFP WCPSS 5-6-26
Submit Proposals Vendor 5-14-26 @ 12:00 PM ET
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PROJECT OBJECTIVES
The Wake County Public School System (WCPSS) hereby requests all interested parties to submit a
proposal describing the vendor's ability to conduct evaluations for music therapy and provide in-person
music therapy services.
The purpose of this RFP is to establish a contract for the provision of treatment services needed for
WCPSS students who have been identified as requiring music therapy as a related service in order to
benefit from their primary area of special education services.
As it relates to in-person therapy services, needs include:
Hold current certification as a Music Therapist
Possess the skills and competencies to evaluate students in the area of music therapy, identify
strengths/needs/areas of support and plan educationally relevant support and services.
Assist IEP teams (including parents) in understanding the purpose of music therapy in the
educational setting as well as the process of evaluation and treatment.
Ability to collect a variety of data points and synthesize this information to make sound and ethical
decisions about a student's need for music therapy. Specifically, identify student's area(s) of needs
within the educational setting (i.e. existing IEP goals) and target these areas during assessment and
treatment planning.
Maintain required documentation of evaluation results, IEP goals, accommodations and
modifications, therapy treatment notes, student progress, and quarterly progress notes.
Possess the means to travel to multiple sites such as public schools, homes, private schools, or
other community sites in order to assess and provide services.
BACKGROUND
For background purposes, The Wake County Public School System (WCPSS) is currently the largest school
district in North Carolina and the 14th largest in the United States. There are currently 204 schools serving a
student population of approximately 160,000, with approximately 20,000 staff. Wake County covers 854
square miles. Additional information about the school system can be accessed via the internet site
(www.wcpss.net).
SCOPE OF WORK
Qualified vendors shall deliver in-person music therapy services as needed by WCPSS in accordance with
the following:
* Provide music therapy services as requested by WCPSS.
* As it relates to therapy services, needs will include:
o Certified Music Therapist who possesses the skills to develop treatment plans, provide direct
therapy services, and document therapy services in accordance with the Individualized
Education Plan
o Certified Music Therapist who can travel amongst private schools, homes, and other community
sites.
* WCPSS may request multiple service providers at any given time throughout the 2026-2027 school
year to serve students at any given private school or Wake County home/community location.
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Requests may be made throughout the school year, beginning in August 2026 through June 30,
2027. Requests may be made for a specific day, short-term, and/or long-term coverage. Requests
will be submitted in advance (i.e., FMLA or staffing assistance).
Vendor Responsibilities
* Provide qualified music therapy service provider(s) as certified by the Certification Board for Music
Therapists.
* Interns or students are not to be used.
* Therapists will document services rendered either by vendor form, online calendar, or timesheets
prior to submission of invoice.
* If a contract is awarded, WCPSS will provide further instructions on proper procedures, protocols,
and logistics.
* Items that cause a distraction (e.g., cell phones, magazines, books, etc.) are not allowed in the
assignment area.
* No mileage reimbursement or travel costs will be paid by WCPSS. Travel will be compensated in
the form of time worked.
* In order to submit for approval, within 24 hours, the vendor must have criminal background checks
and sexual offender registry (SOR) information for all service providers that meet WPSS
requirements.
* Vendor shall submit invoices monthly for actual services provided. The invoice must include dates
of service, duration of service/workday, type of service and a unique invoice number.
* The initial award shall be for the 2026-2027 school year. WCPSS reserves the right to renew for
two additional one-year terms at their discretion and based on available funding.
VENDOR QUALIFICATIONS
* VENDOR shall be licensed (when applicable) and approved to do business in the State of North
Carolina.
* Demonstrated experience in performing similar projects.
* Present sufficient qualified personnel to carry out the services in a timely fashion. Any changes to
staffing should be reported to WCPSS.
* Insurance requirements referenced within as well as any Federal, State and Local requirements
shall be required and maintained.
* Vendor will be disqualified for consideration if they are listed on either the State of North Carolina
debarred vendor registry, or the Federal Government debarred vendor registry.
(Federal Government)
https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf
(State of North Carolina)
https://ncadmin.nc.gov/documents/nc-debarred-vendors
COST PROPOSAL
Vendor shall provide pricing as an hourly rate for the services. Hourly rate should be all-inclusive of travel
expenses and other expenses involved, and not as a separate line item.
HOURLY RATE FOR SERVICES: ______________________
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REQUIRED SUBMITTALS
* Signed, original execution page (page 2)
* Completed attachments A & B
* Customer references
* Relevant experience and project methodology
* Cost (see above)
* Any required licenses or certifications
PROPOSAL EVALUATION
All proposals will be evaluated by representatives of WCPSS. WCPSS may, at its sole discretion, ask for
additional information and/or elect to conduct interviews with finalists to clarify information provided in the
proposals.
The services that are the subject of this RFQ/P are not required to be bid under North Carolina law, and none
of the statutory requirements regarding public bidding apply to this RFQ/P. This document, and not those
statutes, will govern the selection process.
WCPSS shall not be required to award the contract to the lowest proposed compensation; nor shall WCPSS
have any obligation to explain its decision to recommend or not to recommend any particular vendor or to
invite or exclude any particular vendor from consideration at any stage of the process. Instead of
recommending that contracts be awarded to one or more vendors who presented proposals, WCPSS may,
at its sole discretion, reject the proposals and repeat the process, enter into direct contract negotiations
with one or more vendors (possibly including vendors who have not previously submitted proposals) or take
any other action WCPSS deems advisable under all circumstances.
WCPSS is expected to make any final selection(s) based upon any factors or considerations WCPSS deems
relevant. Factors often considered include qualifications, relevant experience, fee, and ability to perform
work in a timely manner. WCPSS retains sole discretion to award the contract to the vendor(s) it believes
will best serve the interests of WCPSS and may consider any factors, documents, or information it deems
relevant in making that determination. WCPSS shall not have any obligation to explain its decision to select
or not select any individual vendors or to invite or exclude any individual vendors from consideration at any
stage of the process. The decision of WCPSS to accept or reject any proposals and to award contract(s) to
any one or more vendor(s) shall be final and not subject to further review.
Vendors are subject to immediate disqualification at any stage of the selection process for any of the
following:
The submission of false or misleading information in the vendor's proposal.
Any efforts to dissuade or discourage other vendors from submitting proposals.
Any efforts to influence, dictate, or change the terms of another vendor's proposal.
Any form of bid collusion or bid rigging.
DEADLINE FOR PROPOSAL SUBMITTAL
Proposals are due no later than May 14, 2026, at 12:00 PM. WCPSS reserves the right to
reject any proposals that are not submitted by the deadline in its sole discretion. Questions
regarding the RFP shall be answered per the above-mentioned instructions.
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TERMS AND CONDITIONS
1. READ, REVIEW AND COMPLY: It shall be the bidder's responsibility to read this entire document, review all enclosures and
attachments, and comply with all requirements specified herein.
2. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Invitation for Bids, the
specifications. Wake County Public School System (WCPSS) objects to and will not evaluate or consider any additional terms and
conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the
bidder's response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.
By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely
or inadvertently, shall have no force or effect.
3. DEFINITIONS:
* BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.
* TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time
based on estimated quantities only.
* OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.
4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.
5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms
and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.
6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder's offer shall be valid for 45 days
from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.
7. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that
items offered are in strict compliance with these specifications, and bidder will be held responsible, therefore. Deviations shall be
explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be
acceptable.
8. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and, in the spaces, provided in this
document. Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or
complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this
provision. Bids which do not comply with these requirements will be subject to rejection.
9. RECYCLING AND SOURCE REDUCTION: It is the policy of WCPSS to encourage and promote the purchase of products with recycled
content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and
less toxic to the extent that the purchase or use is practicable and cost-effective.
We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of
commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for
providing packaging that will protect the commodity and contain it for its intended use.
Companies are strongly urged to bring to the attention of WCPSS which issued the solicitation document, those products or packaging
they offer which have recycled content and that are recyclable.
10. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on
the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be
made only by written addendum from WCPSS Purchasing Department. The bidder is cautioned that the requirements of this bid can
be altered only by written addendum and that verbal communications from whatever source are of no effect.
11. ACCEPTANCE AND REJECTION: WCPSS reserves the right to reject any and all bids, to waive any informality in bids and, unless
otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the
other is obviously correct, the incorrect price will be disregarded.
12. REFERENCES: WCPSS reserves the right to require a list of users of the exact item offered. WCPSS may contact these users to
determine acceptability of the bid. Such information may be considered in the evaluation of the bid.
13. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best
bid most advantageous to WCPSS as determined upon consideration of such factors as: prices offered; the quality of the articles
offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and
other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates
of delivery and performance; and such other factors deemed by WCPSS to be pertinent or peculiar to the purchase in question. Unless
otherwise specified by WCPSS or the bidder, WCPSS reserves the right to accept any item or group of items on a multi-item bid.
WCPSS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, WCPSS reserves the right to make partial,
progressive, or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to
provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by WCPSS
to be pertinent or peculiar to the purchase in question.
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14. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, WCPSS invites and
encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business
enterprises and non-profit work centers for the blind and severely disabled.
15. CONFIDENTIAL INFORMATION: As provided by statute and rule, WCPSS will consider keeping trade secrets which the bidder does not
wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the bidder. Cost
information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will
be determined by North Carolina law.
16. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon
request be returned at the bidder's expense. Request for the return of samples must be made within 10 days following date of bid
opening. Otherwise, the samples will become WCPSS property. Each individual sample must be labeled with the bidder's name, bid
number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned,
if requested, as specified above.
17. AWARD PROCEDURES: Contract award notice shall be posted on WCPSS website. Contract award notices are sent only to those
actually awarded contracts, and not to every person or firm responding to this solicitation.
18. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference law to discourage other states from applying in-state
preferences against North Carolina's resident bidders. The "Principal Place of Business" is defined as the principal place from which
the trade or business of the bidder is directed or managed.
19. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, WCPSS may procure the articles or services from other
sources and hold the contractor responsible for any excess cost occasioned thereby. WCPSS reserves the right to require performance
bond or other acceptable alternative guarantees from successful bidder without expense to WCPSS.
20. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the
material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of the
contractor to notify in writing WCPSS, indicating the specific regulation which required such alterations. WCPSS reserves the right to
accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
21. TAXES: Any applicable taxes shall be invoiced as a separate item.
G.S. 143-59.1 bars the WCPSS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G.
S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under
G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit
sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated,
or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates)
collect(s) the appropriate taxes.
22. SITUS: The place of this contract, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in
contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined.
23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of
North Carolina.
24. INSPECTION AT CONTRACTOR'S SITE: WCPSS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other
facilities of a prospective contractor prior to contract award, and during the contract term as necessary for WCPSS determination that
such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the
proper and effective performance of the contract.
25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is
later. Payment may be made by procurement card, and it shall be accepted by the contractor for payment if the contractor accepts
that card (Visa, MasterCard, etc.) from other customers.
26. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and
agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All
containers/packaging shall be suitable for handling, storage, or shipment.
27. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to
an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved
in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or
identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for
pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers' Association for electrically operated
assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for
the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and
Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.
28. PATENT: The contractor shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any kind, including
costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles,
device or appliance manufactured or used in the performance of this contract, including use by WCPSS or disclosure of any
information pursuant to the NC Public Records Act.
29. ASSIGNMENT: No assignment of the contractor's obligations nor the contractor's right to receive payment hereunder shall be
permitted.
However, upon written request approved by the purchasing department and solely as a convenience to the contractor, WCPSS may:
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a. Forward the contractor's payment check directly to any person or entity designated by the contractor, and
b. Include any person or entity designated by contractor as a joint payee on the contractor's payment check.
In no event shall such approval and action obligate WCPSS to anyone other than the contractor and the contractor shall remain
responsible for fulfillment of all contract obligations.
30. INSURANCE:
Certificates of Insurance acceptable to WCPSS shall be filed with WCPSS prior to commencement of the Work. These Certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has
been given to WCPSS, and that the Wake County Board of Education is listed as additional insured on general liability and automobile
liability. Provider agrees to maintain the appropriate insurance outlined in Exhibit B. Other types of appropriate insurance may be
required depending upon scope of services provided. Examples are aviation liability, pollution liability, crime, employee
dishonesty/directors and officers.
The successful vendor agrees to hold harmless and indemnify the Wake County Board of Education (WCBOE) for any liability that may
arise from the negligent or illegal acts of the vendor's employees or agents.
31. GENERAL INDEMNITY: The provider shall hold and save WCPSS, its officers, agents, and employees, harmless from liability of any
kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work,
services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation that may be injured or damaged by the provider in the performance of this contract and
that are attributable to the negligence or intentionally tortious acts of the provider. The provider represents and warrants that it shall
make no claim of any kind or nature against WCPSS agents who are involved in the delivery or processing of contractor goods to
WCPSS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.
32. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the
contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both
parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.
33. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum
purchases there under.
34. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the
contract period must be general, either by reason of market change or on the part of the contractor to other customers.
a. Notification: Must be given to WCPSS, in writing, concerning any proposed price adjustments. Such notification shall be
accompanied by copy of manufacturer's official notice or other acceptable evidence that the change is general in nature.
b. Decreases: WCPSS shall receive full proportionate benefit immediately at any time during the contract period. Increases:
All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for
increase may be submitted with WCPSS reserving the right to accept or reject the increase or cancel the contract. Such action by
WCPSS shall occur not later than 15 days after the receipt by WCPSS of a properly documented request for price increase. Any
increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the
request for increase.
35. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are
placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be
invoiced as a separate item.
36. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Provider shall conduct at its own expense sexual offender registry checks on
each of its employees, agents, ownership personnel, or contractors ("contractual personnel") who will engage in any service on or
delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum check of
the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the
National Sex Offender Registry ("the Registries"). For the Provider's convenience only, all of the required registry checks may be
completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Provider
shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its
contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the
delivery of such goods. The Provider shall conduct a current initial check of the registries (a check done more than 30 days prior to the
date of this Agreement shall not satisfy this contractual obligation). In addition, Provider agrees to conduct the registry checks and
provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services
pursuant to this Agreement. Provider further agrees to conduct annual registry checks of all contractual personnel and provide annual
certifications at each anniversary date of this Agreement. Provider shall not assign any individual to deliver goods or provide services
pursuant to this Agreement if said individual appears on any of the listed registries. Provider agrees that it will maintain all records and
documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel and
agrees to provide such records and documents to the school system upon request. Provider specifically acknowledges that the school
system retains the right to audit these records to ensure compliance with this section at any time in the school system's sole
discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In
addition, the school system may conduct additional criminal records checks at Provider's expense. If the school system exercises this
right to conduct additional criminal records checks, Provider agrees to provide within seven (7) days of request the full name, date of
birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual
personnel who may deliver goods or perform services under this Agreement. Provider further agrees that it has an ongoing obligation
to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the
Agreement. WCPSS reserves the right to prohibit any contractual personnel of Provider from delivering goods or providing services
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under this Agreement if WCPSS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or
well-being of students, school personnel or others.
37. ACCESS TO PERSONS AND RECORDS: The State Auditor and the WCPSS internal auditors shall have access to persons and records as a
result of all contracts or grants entered into by WCPSS in accordance with General Statute 147-64.7 and Session Law 2010-194, Section
21 (i.e., the State Auditors and WCPSS may audit the records of the contractor during the term of the contract to verify accounts and
data affecting fees or performance).
38. COMPLIANCE WITH E-VERIFY: Provider shall comply with all applicable laws and regulations in providing services under this Contract.
In particular, Provider shall not employ any individuals to provide services to the School System who are not authorized by federal law
to work in the United States. Provider represents and warrants that it is aware of and in compliance with the Immigration Reform and
Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system
for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times
while providing services pursuant to this Contract. Provider shall also ensure that any of its subcontractors (of any tier) will remain in
compliance with these laws at all times while providing subcontracted services in connection with this Contract.
39. COMPLIANCE WITH AFFORDABLE CARE ACT: Provider is responsible for providing affordable health care coverage to all of its full-
time employees providing services to the School System. The definitions of "affordable coverage" and "full-time employee" are
governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.
40. RESTRICTED COMPANIES LIST: Bidder represents that as of the date of this bid, Bidder is not included on the Final Divestment List
created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. 147-86.58. Bidder also represents that as of the date of this
bid, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North
Carolina State Treasurer pursuant to N.C. Gen. Stat. 147-86.81.
41. BUSINESS AUTHORIZATION: Bidder is duly qualified to do business in North Carolina. If Bidder is a business entity that is not registered
in North Carolina, prior to providing any products or beginning any services described by this bid, Bidder shall either (i) obtain a certificate
of authority from the Secretary of State for North Carolina, pursuant to N. C. Gen. Stat. 55-15-03, or (ii) provide a letter from an
attorney indicating that the attorney has reviewed N. C. Gen. Stat. 55-15-01 and determined that Bidder is not required to obtain a
certificate of authority pursuant to N. C. Gen. Stat. 55-15-01(b).
42. GIFT PROHIBITION. Provider acknowledges that it is subject to N.C.G.S. 14-234 and 133-32, which prohibit contractors from
providing items of value to school system officials and employees under various circumstances. N.C.G.S. 14-234, in pertinent part,
prohibits contractors from providing to specific school system officers/employees a gift, favor, reward, service, or promise of reward in
exchange for recommending influencing or attempting to influence the award of a contract. N.C.G.S. 133-32, in pertinent part, bars
provision of gifts or favors to specific school system officers/employees by a contractor who has a contract, has performed under a
contract in the last year, or anticipates bidding on a contract in the future. Provider covenants that no director, employee or agent of
Provider, or any other person connected with Provider, has made, offered or given, either directly or indirectly, to any School System
Board member, employee, or agent, or to any person connected with the School System, any gift, favor, or item of value in violation of
either N.C.G.S. 14-234 or 133-32. Provider agrees that a breach of this provision as identified by the school system may result in the
School System's termination of this Contract without liability and/or at the School System's discretion, the recovery of any and all funds
paid to Provider pursuant to this Contract. Provider further agrees that to the extent there exists any doubt as to whether its actions
have violated, or could violate, this provision, Provider will promptly notify the school system so it can make a determination as to the
propriety of the Provider's past or proposed future conduct
ETHICS AND THE PURCHASING FUNCTION Policy Code: 6401/9100
The Wake County Board of Education is committed to conducting the purchasing function in an ethical manner and in compliance with
state and federal laws and regulations. The Board expects all employees who are directly or indirectly involved in any aspect of the
purchasing function to be aware of and comply with all current state and federal laws and regulations as these standards apply to the
school system's purchasing activities. The Board's purchasing goals and principles will not be compromised by individuals motivated by
personal gain.
Employees directly or indirectly involved in any aspect of the school system's procurement, purchasing, and/or contracting process for
apparatus, materials, equipment, supplies, services, real property, or construction or repair projects, regardless of source of funds,
must adhere to the following standards of conduct and those established in any policies regarding employee conflict of interest and
8305: Federal Grant Administration.
1. Employees are expected to make all purchasing-related decisions in a neutral and objective way based on what is in the best interest
of the school system and not in consideration of actual or potential personal benefit.
2. Employees shall not participate, directly or indirectly, in making or administering any contract from which they will obtain a direct
benefit, unless an exception is allowed pursuant to law.
An employee obtains a direct benefit when the employee or his or her spouse will receive income, commission, or property under the
contract, or the employee or spouse has more than a 10 percent interest in an entity that is a party to the contract. See G.S. 14-234 and
any policies regarding employee conflict of interest.
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Participation in making or administering a contract includes, but is not limited to, participating in the development of specifications or
contract terms; obtaining or reviewing bids; preparation or award of the contract; and having the authority to make decisions about,
interpret, or oversee the contract.
3. Employees shall not participate, directly or indirectly, in the selection, award, or administration of a contract supported in whole or
part by a federal grant or award if the employee has a real or apparent conflict of interest. See 2 C.F.R. 200.318 and policy 8305:
Federal Grant Administration.
A real or apparent conflict exists when the employee, his or her immediate family member or partner, or an organization which
employs or is about to employ any of those individuals, has a financial or other interest in or receives a tangible personal benefit from a
firm considered for a contract. For purposes of this subsection, a "financial interest" means a financial interest which comprises more
than five percent of the equity of the firm or business or more than five percent of the assets of the economic interest in indebtedness.
It does not include an ownership interest held through a fiduciary, such as Policy Code: 6401/9100 a mutual fund or blind trust, where
the individual or individual's employer has no control over the selection of holdings.
4. Employees shall not influence or attempt to influence any person involved in making or administering a contract from which the
employee will obtain a direct benefit as described in paragraph 2, above.
5. Employees shall not solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future
employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the school system.
6. Employees shall notify the superintendent or designee in writing if they have an actual or potential conflict of interest under this
policy or applicable state or federal law that would disqualify them from performing any aspect of their job responsibilities.
7. Employees shall not solicit or accept trips, meals, gratuities, gifts, favors, or anything of monetary value from current or recent
(within the past year) contractors, subcontractors, or suppliers, or any persons or entities that foreseeably may bid on a contract in the
future, unless the item is an unsolicited gift of nominal value ($50 or less), and is one of the following: an advertising item or souvenir
that is widely distributed; an honorarium for participating in a meeting; a meal provided at a banquet; or other item that is clearly
permitted by state and federal law. Multiple permitted items from a single contractor may not exceed an aggregate value of $100 in a
twelve-month period.
Employees shall inform existing and potential contractors, subcontractors, and suppliers about these restrictions.
8. Employees shall not solicit or accept any gift from a current or potential provider of E-rate services or products in violation of
applicable federal E-rate program gifting rules.
9. Employees shall not divulge confidential information to any unauthorized person. Confidential information includes but is not limited
to (1) the school system's cost estimate for any public contract, prior to bidding or completion of other competitive purchasing
processes; and (2) the identity of contractors who have obtained proposals for bid purposes for a public contract, until the bids are
opened in public and recorded in the Board minutes.
10. An employee shall not misuse information in violation of G.S. 14-234.1. Specifically, an employee shall not, in contemplation of the
employee's own official action or that of the Board or others acting on behalf of the school system, or in reliance on information known
to the employee in his or her official capacity and not made public, to: a. acquire a financial interest in any property, transaction, or
enterprise; b. gain a financial benefit that may be affected by the information or contemplated action; or c. intentionally aid another to
acquire a financial interest or gain a financial benefit from the information or contemplated action.
The superintendent or designee shall ensure that all affected personnel are aware of Board policy requirements and applicable laws.
Any individual aware of any violation of this policy, policy 2121: Board Member Conflict of Interest, any policies regarding employee
conflict of interest, the conflict-of-interest provisions of policy 8305: Federal Grant Administration, or applicable conflict of interest laws
shall report such violation in accordance with policy 1760/7280: Prohibition Against Retaliation. Employees who violate this policy,
policy 2121, any policies regarding employee conflict of interest, or the conflict-of-interest provisions of policy 8305, will be subject to
disciplinary action.
Legal References: 2 C.F.R. 200.318(c); 47 C.F.R. 54.503; FCC Sixth Report and Order 10-175; G.S. 14-234, -234.1; 133-32, -33; Attorney
General Opinion requested by L.W. Lamar regarding G.S. 133-32, the Applicability to Attorneys and Law Firms Providing Professional
Services to Local Boards of Education, dated May 13, 1993
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